THE
S-1 Additions
and corrections to the Agenda:
Upon motion of Supervisor
Johnsen, seconded by Supervisor Potter, and unanimously carried, the Board
approved the following additions and corrections to the Agenda, due to the need
for immediate consideration by the Board of matters which arose after the
posting of today’s agenda:
Upon the request of Supervisor Armenta, add under “Other
Board Matters” the adoption of a Resolution honoring Ralph Thompson for
providing legal and community service to the people of
Upon the
request of Supervisor Calcagno, add under “General Government, Consent,”
adoption of a Resolution approving the application for grant funds from the
California Department of Conservation’s Farmland Conservation Program for the
Jacks Ranch, Manzoni Ranch, and Tavernetti Ranch Easements.
Upon the request of
S-13(b)(3),
existing litigation case of Berryman v.
Upon motion of Supervisor Potter,
seconded by Supervisor Calcagno, and unanimously carried, upon the request of
the County Administrative Officer, the Board will adjourn this meeting to
S-2 CONSENT
CALENDAR - REGULAR (See Supplementary
Sheet attached)
2050.000 S-3 PUBLIC
COMMENT PERIOD:
a. Colin Gallagher addressed the Board
concerning domestic national security, universal health care, and proposals to
cut County staff.
b. Gary Patton, Executive Director,
c. Joe Vierra addressed the Board concerning the
state budget proposals by Governor Grey Davis, the impact of illegal
immigration on the state’s Medi Cal, and public access on Highway 1.
d. Hans Jongens requested the Board to support
Senator Burton’s bill to save farmland, and the need for preventive health
care.
APPOINTMENTS:
Upon
motion of Supervisor Johnsen, seconded by Supervisor Potter, and unanimously
carried, the Board approved the following appointments:
0402.250 1. Appointed Kay Kwon, to
fill the unexpired vacancy of Gloria Grenfell, on the Mental Health Commission,
for a term to end on
0800.450 2. Appointed Monica Nunez, to fill the
seat formerly held by Jovita Cabatu, on the
Castroville Cemetery District, for a term to end on
0803.900 3. Reappointed Margaret
Duflock and Mary Orradre, to the San Ardo Cemetery District, for terms to end
on
0402.800 4. Appointed Jacqueline
Lambert, to a vacancy on the Overall Economic Development Commission, for a
term to end on
OTHER BOARD
MATTERS:
6300.000 5. Board comments and referrals:
a. Supervisor Johnsen announced that on
Wednesday, May 14th, Governor Gray Davis will unveil the state’s
budget proposals, and it will affect how the Board will handle the gaps in the
County budget. She commended the County
department heads that have met with their staff to work out the best solutions
for each department.
b. Upon the request of Supervisor Potter, the
Board requested the Director of Planning and Building Inspection to report back
to Supervisor Potter’s office on an expedited timeline to resolve the Kenny
& McFarland application which proposed two houses on one lot.
c. Supervisor Potter reported that he will be in
d. Upon the request of Supervisor Lindley, the
Board referred the development of a legal description of the Ranchito Canyon
Road easement to the Director of Public Works, to ensure all property owners
have legal access to their property.
e. Supervisor Lindley requested the Chair to
review the Board’s meeting schedule, to ensure that the General Plan Update
hearing schedule is compatible concerning
f. Supervisor Calcagno thanked the
g. Upon
the request of Supervisor Armenta, the Board requested the
0600.025 6.
2050.000 7. Resolution No. 03-130: Adopted Resolution proclaiming
BOARD
ACTION: Upon motion of Supervisor
Johnsen, seconded by Supervisor Calcagno, and unanimously carried.
2050.000 8. Resolution No. 03-158: Adopted a Resolution proclaiming the week
of May 18-24, 2003 as National Public Works Week. (Full Board)
BOARD
ACTION: Upon motion of Supervisor
Johnsen, seconded by Supervisor Calcagno, and unanimously carried.
2050.000 9. Resolution No. 03-153: Adopted a Resolution proclaiming May as
Foster Care Appreciation Month and recognizing the Charles and Donna Trementozzi Family as Foster Family of the Year 2003. (Full
Board)
BOARD
ACTION: Upon motion of Supervisor
Johnsen, seconded by Supervisor Calcagno, and unanimously carried.
2050.000 10. Resolution No. 03-159: Adopted a Resolution honoring Leigh Searson on her retirement from the Department of Social Services.(Full Board)
BOARD
ACTION: Upon motion of Supervisor
Johnsen, seconded by Supervisor Calcagno, and unanimously carried.
2050.000 NA/1 Resolution No. 03-160: Adopted a Resolution honoring Ralph Thompson for providing legal and
community
service to the people of Monterey County, to be presented at the annual Monterey County Bar Association
Recognition Event.
BOARD
ACTION: Upon motion of Supervisor
Johnsen, seconded by Supervisor Calcagno, and unanimously carried.
SCHEDULED
MATTERS
6200.000 S-4 Closed
Session relating to the following item:
a. Pursuant
to Government Code section 54956.9(b), the Board will confer with legal counsel
regarding exposure to potential litigation on one matter.
BOARD ACTION: The performance review
occurred.
2050.000 S-5 Welcome
students from North County High School to "Job Shadow Day."
BOARD ACTION: Each Supervisor, the County Administrative
Officer, and County Counsel introduced their Job Shadow student assigned to
observe the associated duties and responsibilities of County government.
0600.027 S-6 Receive
the 2002 Annual Crop Report from the Agricultural Commissioner.
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded
by Supervisor Calcagno, and unanimously carried, the Board received the 2002
Annual Crop Report from Eric Lauritzen, Agricultural Commissioner.
2800.000 S-7 Ordinance No. 04189: Conducted
a public hearing and adopt an Ordinance to amend various chapters of Title 18,
Monterey County Code (Buildings and Construction) to adopt and make certain
local amendments to the 2001 California Building Standards Code (CBSC) and
adopt other Uniform Codes.
BOARD ACTION: Upon motion
of Supervisor Calcagno, seconded by Supervisor Johnsen, and unanimously
carried, the Board adopted Ordinance No. 04189, as presented.
0550.325 S-8 Received the Monterey County Government
Center Project Update from the Capitol .
BOARD
ACTION: Upon motion of Supervisor
Johnsen, seconded by Supervisor Calcagno, and unanimously carried, the Board
received the report, requested the architect to build a cardboard model of the
proposed Government Center, and directed staff to develop a schedule or
timeline on this project.
0601.525 S-9 Approved and authorized the Chief
Executive Officer of Natividad Medical Center (NMC):
0125.000 a. 1) Agreement
No. A-09179: Approved an amendment to
extend the Professional Service Agreements (PSAs)
with Nancy Balph from $115,000 to $150,000 (an increase of $35,000) to cover
the period from April 1, 2003 through June 30, 2003;
BOARD
ACTION: Upon motion of Supervisor
Johnsen, seconded by Supervisor Calcagno, and unanimously carried.
0125.000 2) Agreement No. A-09245: Approved an amendment to an agreement
with Supplemental Health Care Services, a temporary nursing and technologist
registry company, from $150,000 to $275,000 (an increase of $125,000), to
supply registry personnel for the Radiology Department at NMC through June 30,
2003.
BOARD
ACTION: Upon motion of Supervisor
Potter, seconded by Supervisor Lindley, and carried 4-0 with Supervisor Johnsen
voting “No.”
0125.000 b. Agreement No. A-09394: To sign an amendment to increase the amount
of an existing emergency Professional Service Agreement (PSA)
with Healthcare Financial Services (HFS) for Interim
CFO Consulting Services from $25,000 to $55,000, a total increase of $30,000
and extend the term of the Agreement to June 30, 2003.
BOARD
ACTION: Upon motion of Supervisor
Calcagno, seconded by Supervisor Johnsen, and unanimously carried.
3150.000 S-10 Held Public Hearing on Combined
Development Permit (PLN000357/Gamboa) consisting of: 1) a Use Permit requesting
to allow a quasi-public use in the low density residential zone including site
plan and design review to allow development of a 64-suite, 78-bed, assisted
care living facility consisting of a 3-building complex totaling 43,400 square
feet, 35 space parking lot including 4 handicap-accessible spaces, grading
totaling 3,000 cubic yards of cut and 3,000 cubic yards of fill, improvements
to Val Verde Drive (private right of way) from Rio Road to Carmel Valley Road,
and two on-site water detention ponds; 2) a Use Permit requesting to allow
development on slopes exceeding 30%; and 3) request to allocate 4.8 acre feet
of water to the subject project. This is
a 4.5-acre, vacant parcel located at the southwest corner of Carmel Valley Road
and Val Verde Drive (private road), east of Carmel Rancho Boulevard in the
Carmel Valley Master Plan Area (Assessor's Parcel Number: 015-021-036-000)
(Continued from April 22, 2003)
BOARD
ACTION: Upon motion of Supervisor
Johnsen, seconded by Supervisor Calcagno, and unanimously carried, the Board
continued this hearing indefinitely. The
motion included direction to staff to bring back to the Board a timetable and a
process for hearing the issues so that they are laid out in front of the
Board. Staff is also provided direction
to bring back a report on grey water systems in Monterey County, and to bring
back concrete plans and specifications for the grey water system for this
project. The County Administrative Officer
acknowledged that recirculation may be necessary, and that would happen before
it is returned.
Recessed to Budget Committee Meeting
(Full Board)
4000.000 and
1100.000 S-11 Resolution No. 03-161: Held continued public hearing to consider
adoption of a Resolution amending Articles I (Environmental Health), IX
(Planning and Building Inspection), X (Public Works), and XI (Water Resources
Agency) of the Monterey County Fee Resolution and adding Article XVII (County
Counsel) to the Monterey County Fee Resolution to increase fees for processing
land use development and permit applications and related planning services,
thereby reducing the General Fund subsidy for those activities.
BOARD
ACTION: Upon motion of Supervisor
Johnsen, seconded by Supervisor Potter, and unanimously carried, the Board
adopted Resolution No. 03-161, as presented.
The motion included direction to the County Administrative Officer to
present an analysis of possible Consumer Price Index (CPI) practices during
budget hearings; begin a regular review of fees every two years or a similar
timeframe; and examine possibility of using time and materials in determining
fees.
0602.500 S-12 Continued public hearing to consider
adoption of a Resolution amending Article VII of the Monterey Fee Resolution to
increase fees for processing land use development and permit applications to
recover costs for services for public safety development plan reviews by the
Sheriff's Office, thereby reducing the General Fund subsidy for this activity. (County
Staff has requested this item to be continued.)
BOARD
ACTION: Upon motion of Supervisor
Johnsen, seconded by Supervisor Lindley, and unanimously carried, the Board
continued this matter indefinitely.
S-13 Closed
Session relating to the following items:
0950.000 a. Pursuant to Government
Code section 54957, the Board will provide a performance evaluation for the
following position:
Public Employment – Natividad
Medical Center - CEO
BOARD ACTION: No reportable action taken.
6200.000 b. Pursuant to Government
Code section 54956.9(a), the Board will confer with legal counsel regarding the
following existing litigation:
1. Martinez, et al. v.
County of Monterey;
BOARD ACTION: Staff report received; direction given to
legal counsel.
2. TCI
Cablevision of California, Inc. v. County of
Monterey;
BOARD ACTION: Staff report received; direction given to
legal counsel.
3. Berryman v. County of Monterey;
BOARD ACTION: REMOVED FROM THE AGENDA; NO ACTION TAKEN.
4. Architectural Heritage
Association, et al. v. County of
Monterey, et al.;
BOARD ACTION: Staff report received; direction given to
legal counsel.
5. H-Y-H Corporation v.
County of Monterey;
BOARD ACTION: Staff report received; direction given to
legal counsel.
6. Arreola, et al. v.
County of Monterey.
BOARD ACTION: Staff report received; direction given to
legal counsel.
0300.000 c. Pursuant to Government
Code section 54956.9(b), the Board will confer with legal counsel regarding the
following potential litigation:
1. Claim of Karin Sedrak and Nagib Sedrak
BOARD ACTION: The Board voted 5-0 to deny the claim.
0950.000 d. Conference with labor negotiators (all
represented Units) pursuant to Government Code section 54957.6; Keith Honda,
designated representative.
BOARD ACTION: Staff report received; direction given to
labor negotiators.
6000.000 S-14 Held public hearing on appeal of the
Minor Subdivision Committee's action to deny the Minor Subdivision (Danbom; PLN000360)
of a 14.8 acre parcel into four (4) 2.5 acre parcels and one (1) 4.8 acre
remainder parcel with an existing house.
The property is located at 1901 San Juan Road, Aromas. Assessor's Parcel Number: 267-041-003-000
North County Non-Coastal area.
BOARD
ACTION: Upon
motion of Supervisor Johnsen, seconded by Supervisor Calcagno, and unanimously
carried, the Board continued this hearing, open, to
3150.000 S-15 Held public hearing on a Combined
Development Permit (Rancho San Carlos Partnership, LLC. File #PLN010278)
consisting of: 1) An Amendment to the Santa Lucia Preserve Comprehensive
Development Plan to allow residential development on the former
"Lodge" parcel, 2) a Vesting Tentative Subdivision Map (Revised VTM of March 25, 2003) of an 87 acre parcel into 12
residential parcels ranging in size from 1.82 acres to 11.62 acres (including
one parcel with two inclusionary units) and an open space parcel of 26.98
acres; 3) a Use Permit to remove 12 protected and landmark oak trees and to
trim 21 protected trees (total of 33); 4) a Use Permit for development on
slopes of 30% or more; 5) Administrative Permits for Site Plan and Design
Approvals for 10 single family (market rate) residences (structure on lot F3
excluded at this time) and two Inclusionary Units located in one duplex on one
lot; and 6) approximately 39,041 cubic yards of grading for roads and building
sites (19,511 cu. yds cut/19,530 cu. yds fill; net import of 19 cu. yds). The project is located in the Chamisal Area
San Francisquito Area of the Santa Lucia Preserve
(Assessor's Parcel Number 239-051-041-000), Greater Monterey Peninsula Area
Plan.
BOARD ACTION: Upon motion of Supervisor Johnsen, seconded by Supervisor Potter, and unanimously carried, the Board adopted the proposed Mitigated Negative Declaration; adopted a Mitigation Monitoring and/or Reporting Program; and approved the Combined Development Permit (PLN010278) for the Chamisal Area Subdivision, according to the March 25, 2003 Vesting Tentative Map configuration, based on the Findings and Evidence subject to the proposed Conditions of Approval. The Board concurred with incorporating the three minor changes recommended by Brian Finegan, Attorney representing Rancho San Carlos Partnership, LLC, as follows: 1) delete the 4100 sq. ft. limit on the F-3 lot, which originated from the original application which had the F-3 lot in a constrained site; 2) substitute the Santa Lucia Community Services District and the Santa Lucia Conservancy as the responsible bodies for maintenance of private roads and open spaces; and 3) move the traffic fee condition from final map condition to the building permit stage, because that is the stage that these fees are normally collected.
0803.800,
0801.975, and 0250.000 S-16 Resolution
No. 03-163: Adopted a Resolution
approving the fair share distribution property tax transfer for the proposed
"Mountain Valley Reorganization" involving a Sphere of Influence
amendment and annexation of 200 +/- acres to the City of Salinas and detachment
from the Salinas Rural Fire Protection District and the Monterey County
Resource Conservation District; authorized
the Chair to sign a letter to the Local Agency Formation Commission of Monterey
County (LAFCO) regarding agricultural buffers for the "Mountain Valley
Reorganization."
BOARD
ACTION: Upon motion of Supervisor
Lindley, seconded by Supervisor Johnsen, and unanimously carried, the Board
adopted Resolution No. 03-163, as presented.
After further discussion, upon motion of
Supervisor Lindley, seconded by Supervisor Johnsen, and carried, the Board
approved and authorized the Chair to sign a letter to the Local Agency
Formation Commission of Monterey County (LAFCO), in support of the 110 foot
agricultural buffer as proposed by the developer of the “Mountain Valley
Reorganization,” and approved in the City of Salinas Precise Plan and
Environmental Impact Report.
0601.525 S-17 Considered implementation plan and any
necessary motions, resolutions, or ordinances, regarding
BOARD
ACTION: Upon motion of Supervisor
Potter, seconded by Supervisor Calcagno, and unanimously carried, the Board
approved the following actions:
a. Provided approval for NMC to take all
appropriate steps to close the Extended Care Unit.
b. Appointed five additional members to the NMC
Board of Trustees.
c. Directed NMC Board of Trustees Chair to
establish a standing oversight committee with a minimum of the five new members
appointed to the Board of Trustees.
d. Directed the
e. Referred issues regarding select hard-to-fill
positions to CAO for analysis and referral to Closed Session on
f. Provided final approval for NMC to take all
appropriate steps to carry out the opening of the Acute Inpatient
Rehabilitation Unit.
g. Provided final approval for NMC to take all
appropriate steps to carry out the opening of the Nuclear Medicine Program.
h. Directed the
ORDER
FOR ADJOURNMENT TO FRIDAY, MAY 16, 2003 AT 1:00 P.M.
TO MEET WITH THE MAYORS AT THE SALINAS COMMUNITY CENTER, AND THEN TO TUESDAY, MAY 20, 2003 AT 9:30 A.M.
CONSENT
CALENDAR
Upon motion of Supervisor Potter, seconded
by Supervisor Johnsen, and unanimously carried, the Board approved the
following actions, except as otherwise noted:
HEALTH AND SOCIAL
SERVICES:
0601.100 11. Proclaimed
state of local emergency relating to the spread of HIV among injection drug
users in
0602.550 12. Approved and authorized the Director of
Social Services to sign and submit applications for continued funding and sign
final funding Agreements and amendments from state agencies for designated
programs for FY 2002-03.
0602.550 13. Approved the Implementation of a
Records Retention Schedule for the Department of Social Services.
0125.000 14. Agreement No. A-09393: Approved and authorized Chair to sign
Agreement for $25,000 with Salvation Army Monterey Peninsula for the provision
of homeless services to families and individuals during Calendar Year 2003; authorized the Director of the
Department of Social Services to sign future amendments up to 5% of the
contract total.
CRIMINAL JUSTICE:
0602.250 15. Resolution No. 03-162: Approved
and authorized the Chief Probation Officer to submit a grant application
for the Juvenile Accountability and Incentive Block Grant to the State Officer
of Criminal Justice Planning.
GENERAL GOVERNMENT:
6300.000 16. Approved Action Minutes
of the meeting of
0525.000 17. Awarded the contract for the "Superior
Court North Wing, Third Floor Remodel," to Tombleson, Inc., in the amount
of $297,962.00, with a change order contingency of $29,796.20; and authorized the Auditor/Controller to
make payments on the approval of Capital Projects Management.
0602.150 18. Approved the upgrade of SIGMA Applicant
Management Software for use by Personnel Analysts in the recruitment and
examination process for prospective County employees, at a cost of $72,811.
0525.000 19. Approved the
specifications for racetrack drainage improvements Phase II at Laguna Seca
Recreation area, Bid No. 9728 and Direct the Clerk of the Board to solicit bids
to be opened on
0601.850 20. Resolution No. 03-164: Approved
a State Off-Highway Vehicle Operation (OHV) and Maintenance Grant application
for the Laguna Seca OHV area of Fiscal Year 2004.
0601.350 21. Approved accepting donation to the
County of an additional modular building unit for the Big Sur Library, new
carpeting for the existing modular units, new public access computer, new
furniture, and new book shelving; and acknowledging and thanking the Friends of
the Big Sur Library for these donations.
0125.000 22. Agreement No. A-09317: Approved and authorized Amendment #2 to
increase contract from $300,000 to an amount not to exceed $386,400 with
Hayashi & Wayland, Accounting and Consulting, and RSM McGladrey, Inc.,
National Health Care Consulting Group to continue professional consulting
services regarding
0127.000 NA/2 Resolution
No. 03-165: Adopted a Resolution
approving the application for grant funds from the California Department of
Conservation’s Farmland Conservation Program for the Jacks Ranch, Manzoni
Ranch, and Tavernetti Ranch Easements.
PUBLIC WORKS:
4600.000 23. Approved the rescinding
of posted loads to allow legal weight limit for the